General Awareness

LAW AND CONSTITUTIONAL AFFAIRS - June 2022

Jun 2022

Jun 09, 2023

Allahabad High Court Quashes Magistrate Order Issuing Summons against Mukhtar Ansari's Son

The Allahabad High Court quashed the Magistrate's order for issuing summons against Bahubali Mukhtar Ansari's son Abbas Ansari and two others after taking cognizance of the offense under Section 171H of CrPC, terming it as illegal.
A Single Bench of Justice Rajeev Misra passed this order while hearing an application under section 482 filed by Abbas Ansari and 2 others.
Counsel for the applicants submitted that the applicants were charge-sheeted under Section 188 and 171-F IPC. However, the Magistrate at the stage of taking cognizance under Section 190(1) (b) Cr.P.C summoned the applicants under Section 171-H I.P.C.
He, therefore, submitted that impugned cognizance taking order/ summoning order is manifestly illegal inasmuch the Magistrate can neither subtract nor cite any section mentioned in the charge-sheet under which the accused persons were been charge-sheeted at the stage of taking cognizance/summoning.

Jun 08, 2023

Delhi High Court Revises Dress Code for Advocates, Judicial Officers in District Courts

The High Court of Delhi revised the dress code for advocates and judicial officers in district courts of Delhi through substitution of Rule 30 of the Canons of Judicial Ethics, High Court Rules & Orders (Volume IV).
Noting that the dress code should commensurate with the dignity of office, the High Court directed males to wear a white shirt, white/grey trousers, black coat, white band and females to wear white/black, half/full sleeved, blouse/shirt, sarees white/black/combination of both, pants/long skirt (white/black/grey), salwar churidar, white collar (soft/stiff), white band and full sleeved coat.
Earlier, Rule 30 provided different dress codes for judicial officers (female), district & sessions judge, and subordinate judges.
A circular issued by the High Court on June 2 said that in line with the direction of Chief Justice Satish Chandra Sharma, his companion judges and earlier circular bearing no II/Rules/OHC dated August 7, 2009, the dress code of judicial officers and advocates has been revised, to ensure that it was at par with the dress code provided by the Bar Council of India (BCI) Rules.

Jun 06, 2023

Bombay High Court Grants Interim Relief to Serum Institute of India

The High Court of Bombay granted interim relief to the Serum Institute of India (SII) in its defamation suit seeking damages to the tune of Rs. 100 crore from organisations and individuals that allegedly posted erroneous content against the company.
The Single-Judge Bench of Justice R. I. Chagla temporarily restrained the defendants from publishing any defamatory content against SII and directed them to remove any content from website or social media accounts published so far against the company.
The defendants include Yohan Tengra, his organisation Anarchy for Freedom India, Ambar Koiri and his organisation Awaken India Movement.

Jun 04, 2023

Gauhati High Court Apprises State Government of Constituting the Public Land Protection Cells

The Assam government apprised the Gauhati High Court that the process for putting in place the mechanism of constituting the Public Land Protection Cells in all the districts of Assam has been initiated.
The Division bench of the Chief Justice Sandeep Mehta and Justice Mitali Thakuria herd a Public Interest Litigation (PIL) filed alleging that certain individuals have illegally encroached on a plot of Government land measuring 2 bighas 5 kathas 8 lechas in the Sutirpur village of Nagaon district which was in possession of the Water Resource Department since the year 1955-56.
The petitioners asserted in the petition that before approaching the Court, numerous complaints were filed to the concerned in relation to this illegal act of encroachment but without fetching any fruitful result. Thereupon, the petitioners were compelled to approach the Court by way of this petition under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondent authorities to take appropriate action against the illegal occupants on Government lands and to demolish the structures raised thereupon.

Jun 03, 2023

Law Commission of India Says Section 124A IPC Should be Retained

The 22nd Law Commission of India headed by former Chief Justice of Karnataka High Court Ritu Raj Awasthi recommended that Section 124A of the Indian Penal Code (IPC), which criminalises sedition, should be retained in the statute book with certain changes.
A three-judge bench of the Supreme Court headed by the then Chief Justice of India N. V. Ramana had in May 2022, put the provision in abeyance instead of deciding on its validity.
This was after the Central government told the Court that it will re-examine and reconsider whether Section 124A needs to be retained.
Importantly, the Commission further recommended that the scheme of punishment provided under the Section be amended.
Currently, it provides for life imprisonment or imprisonment up to 3 years.
The Commission suggested that the jail term of 3 years be enhanced to 7 years.

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